IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31249 of 2023 Arising Out of PS. Case No.-759 Year-2021 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== Aruneshwar Kumar S/o of Late Ram Swarath Prasad Resident of Rajgir, P.O.- Rajgir, District- Nalanda ... ... Petitioner/s Versus 1. The State of Bihar Bihar 2. Rajiv Kumar Sinha S/o of Late Suresh Kumar Sharma Resident of Mauza Bhadauni, Panchmukhi Nagar, Near Som Mandir, P.S.- Nawada, District- Nawada ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Nagadeo Choubey, Adv. Mr.Amaresh Kumar Sinha, Adv. Mr.Pankaj Maijoreuor, Adv. Mr.Vaibhav Narayan, Adv. For the State : Mr.Shailendra Kumar, APP For the Respondent : Mr.Satyabir Bharti, Sr. Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 3 25-02-2026 Heard the learned counsel for the petitioner as well as the learned counsel for opposite party no. 2. 2. The present application has been filed for quashing of the order of cognizance dated 11.01.2022 passed in Complaint Case No. 759 of 2021, whereby cognizance has been taken against the petitioner and another under Sections 406, 465, 420, 506 and 504 of the Indian Penal Code by the Court of Dr. Kanchan Prabha, learned Judicial Magistrate, 1st Class, Nawada. 3. OP No. 2 filed complaint petition in the court of Patna High Court CR. MISC. No.31249 of 2023(3) dt.25-02-2026 2/3 CJM, Nawada, alleging therein that he intended to purchase a piece of land and contacted the accused persons. He paid the consideration money and the sale deed of Plot No. 4836, measuring 11.584 decimals, was executed by co-accused Abhyudeshwar Kumar. It was later found that the land which was the subject matter of the sale deed was not situated at the assured place. The accused persons produced a forged nazri naksha. 4. Learned counsel for the petitioner has submitted that the petitioner is brother of the main accused and he has been made an accused in the complaint petition merely because he is an attesting witness of the sale deed. His further submission is that the petitioner is not party to the transaction. The vendor is Abhyudeshwar Kumar and the purchaser is the complainant. The status of petitioner is merely that of an attesting witness of the deed. 5. On the other hand, learned counsel for the complainant has submitted that the petitioner has complicity in the alleged offence. The main accused, Abhyudeshwar Kumar, and this petitioner both produced the nazri naksha before execution of the sale deed. He has also submitted that the main accused, Abhyudeshwar Kumar, assured to return the entire Patna High Court CR. MISC. No.31249 of 2023(3) dt.25-02-2026 3/3 money through Annexure-2 (page 27), and the petitioner has also signed that document. 6. The petitioner is not party to the transaction. He is merely an attesting witness of the sale deed. The main accused is his brother Abhyudeshwar Kumar, who sold his land to the complainant, concealing the actual situation of that land. 7. Considering the above-mentioned facts and circumstances, the cognizance order dated 11.02.2022 passed in Complaint Case No. 759 of 2021 by the learned Judicial Magistrate 1st Class, Nawada is hereby quashed, only in respect of the present petitioner. 8. Accordingly, this criminal miscellaneous petition stands allowed. 9. Needless to say that there shall not be interference in cognizance order dated 11.02.2022 so far as co-accused Abhyudeshwar Kumar is concerned. kundan/- (Nawneet Kumar Pandey, J) U T